Long-awaited Turkish data protection law draws nearer

Data Protection, Privacy and Security Alert

With the opening of a new chapter in relations between Turkey and the European Union, Turkey has been expediting several legislative steps which are part of the conditions for its accession into the EU. Enacting a specific law on data protection is among those steps.

The Draft Data Protection Law has been awaited almost from the start of the 2000s and has been on the Turkish Parliament’s agenda since 2004. Finally, this year on January 18, the Prime Ministry submitted the law proposal to be discussed and voted in the Grand National Assembly. After the review process by various commissions of the Parliament – Justice, Constitution, EU Harmony, Human Rights and Planning/Budgeting – the Draft Law will be opened for parliamentary discussions in the Turkish Grand National Assembly.

The Draft Law is based on the 95/46 EC Directive. However, there are changes in the latest version, including:

a definition of explicit consent is introduced

a person’s appearance in terms of choice of clothing is defined as sensitive personal data

biometric data is defined as sensitive personal data

a differentiation is made between transferring personal data to third parties and to third countries

The relevant circles have already started to debate this latest version of the Draft Law, and final text will emerge following likely changes within the parliamentary processes.

We will keep you updated on developments regarding this enacting process and will report back once the Law on Protection of Personal Data is published in the Official Gazette.

In Turkey, DLA Piper has a strategic relationship with independent law firm YKK, the country’s largest firm, providing a comprehensive range of business legal services. Find out more at www.yukselkarkinkucuk.av.tr.